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Sunday, February 15, 2015

TUNDE FAGBENLE: JEGA CAN BE REMOVED

In one breadth the president is telling us that he has no intention of sacking the INEC chairman, in another he is reminding us that it is, albeit, within his almighty presidential powers to remove the electoral umpire is he so chooses. “I appointed all the commissioners and resident electoral commissioners in INEC. They are my appointees. 
So if I feel that Jega is not good enough for obvious reasons, then I can by the provisions of the constitution that gives the person who appoints him the power to remove him, do so,” says the president.
One wonders why there should be need for that reminder of his “presidential powers” other than to prepare our minds for the eventuality of its exercise. 
But my brother, the irrepressible human rights lawyer, Mr. Femi Falana (SAN), tries to assure us that it will be outside the constitutional powers of the president for GEJ to unilaterally sack Professor Attahiru Jega as chairman of INEC. “INEC is created by virtue of provisions of Section 153 of the Constitution. 
The removal of INEC chairman is guided by provisions of section 157(1) and (2), says Falana, according to a report in The PUNCH of Wednesday Feb 11.
He said further, “The INEC Chairman cannot be asked to proceed on a terminal leave because he is not a civil servant and such is not provided for in the Constitution. He cannot be removed by the president without the two-thirds majority support of the Senate.”
I am not impressed or deceived by Falana’s position and the preemptive outcry of the opposition against the suspected intention of GEJ to relieve Jega of his post. There is a precedent to forewarn us. 
Or wasn’t there the case of a certain Sanusi Lamido Sanusi who as then governor of Central Bank of Nigeria beat his chest and shouted from the rooftop that no president of Nigeria has the power to remove him or send him on compulsory leave against his wish? 
Didn’t the same president Jonathan assure us that the sacking of Sanusi was not even on the cards? Were we not witnesses to what happened right before our very eyes the very next minute and in spite of all our grandstanding? 
Wasn’t Sanusi summarily sent packing overnight with not as much as a whimper from him or any of the many quarters that were threatening fire and brimstone were Sanusi to be removed, since it would be a pointer, we had said, that the government of Jonathan was guilty of the charge of missing 20 billion dollars as Sanusi had levelled against it?
The truth is that we are a funny people in a funny country. And those who lead us do so by our noses. They are pretty sure Nigerians are only good at barking they hardly can summon the will or courage to give bite to their protests, hence the reign of impunity on the land. Heaven will not fall, is the common refrain in the mouths and hearts of those who govern us. And, indeed, heaven never falls!
Something tells me Jega will be removed before the elections, and I am sure Jega himself is prepared for such eventuality; ready to hold his head high and his hard-earned integrity intact rather than succumb to any blackmail and act against his conscience.

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